Filed a consumer court case against an interior company Filed a consumer court case against an interior company

1 month ago

I have filed a consumer court case against an interior company, I have made party to managers from the company. As per law, I have to add company directors, so the IA filed by the managers lawyer to reject the case.

Anik

Responded 1 month ago

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A.Dear Client,

The acceptance or rejection of a consumer dispute complaint is not solely determined by the inclusion or non-inclusion of necessary parties. If it is deemed necessary for the interests of justice, the court has the authority to permit the complainant to file a petition seeking the addition or alteration of essential parties in the cause title of the original complaint. This can be done at any stage of the proceedings until the final hearing concludes.

To address this, you should file a counter Interlocutory Application (IA) before the court, requesting the addition or alteration of necessary parties in the cause title of the original complaint. Upon hearing the IA, if the court deems it necessary and expedient for the sake of justice, it may allow your interlocutory application, taking into consideration the merits of your complaint or claim.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
Now you can file interim application under Order 6 Rule 17 and/or under Order 1 Rule 10(2) of CPC to implead such statutory company as a party to the suit as proposed defendant.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Merely for inclusion or non-inclusion of necessary parties in a consumer dispute cannot make a complaint liable for rejection. If it is expedient and necessary for the sake of justice, the Court can allow a petition of the complainant seeking addition or alteration of necessary parties in the cause title of the original complaint at any stage of the proceedings till the conclusion of the final hearing of the complaint. So, you need to file a counter IA before the Court seeking the addition or alteration of necessary parties in the cause title of the original complaint. After hearing the IA, if the Court feels it necessary and expedient for the sake of justice, may allow your interlocutory application(IA) considering the merit in your complaint/claim.
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